Question 1

The law has traditionally applied an objective test for the use of deadly force, but today many courts apply a subjective standard of reasonableness to determine whether circumstances are sufficient to induce an honest and reasonable belief that force must be used.

Accepted Answer

The statement is true.

Question 2

The Fifth Amendment to the U.S.Constitution has been interpreted to require that courts must grant transactional immunity to a witness who testifies after invoking the privilege against compulsory self-incrimination.

Accepted Answer

The Fifth Amendment requires that courts grant "use and derivative use" immunity, not transactional immunity, to a witness who testifies after invoking the privilege against self-incrimination.

Question 3

Although entrapment was not a defense at common law, it may now be pled as a defense in all federal and state jurisdictions.

Accepted Answer

Entrapment is now recognized as a defense in all federal and state jurisdictions. While it was not a recognized defense at common law, it has been recognized through case law and statutory law in modern times.

Question 4

A homeowner may under all circumstances use deadly force for self-protection in his or her dwelling.

Accepted Answer

The use of deadly force is subject to certain conditions and restrictions, such as the "castle doctrine" or "stand your ground" laws that vary by state. In general, a homeowner may only use deadly force in self-defense if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to themselves or others.

Question 5

At common law, a child under age seven could not be held responsible for any crime.

Accepted Answer

This concept was known as the "age of reason" and was based on the belief that young children lacked the mental capacity to understand right from wrong and therefore could not form criminal intent. However, this rule may have exceptions in certain situations involving serious crimes or if the child demonstrated a higher level of understanding and maturity.

Question 6

The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from the common law.

Accepted Answer

The answer of The concept of a defendant being allowed...

Question 7

The common law "castle doctrine" permits the use of deadly force against an intruder into a dwelling, but does not justify using deadly force in taking a life to repel a mere trespass.

Accepted Answer

The common law "castle doctrine" only allows the use of deadly force against an intruder into a dwelling, and does not extend to a mere trespasser.

Question 8

At common law, a person had the right to use reasonable force to prevent commission of a felony or to protect members of his household who were endangered.

Accepted Answer

This statement is true. At common law, a person had the right to use reasonable force to prevent commission of a felony or to protect members of his household who were endangered. This right is known as the "defense of others" and the use of force must be reasonable under the circumstances.

Question 9

Voluntary intoxication is recognized as a defense to all statutory crimes.

Accepted Answer

Voluntary intoxication is generally not recognized as a defense to statutory crimes unless it negates an element of the crime, such as intent. So the statement is false.

Question 10

Where a mistaken view of the law negates the specific-intent element of a crime, mistake of law can be a defense.

Accepted Answer

Mistake of law can be a defense in cases where a mistaken view of the law negates the specific-intent element of a crime. However, this defense is generally not allowed for crimes that only require a general intent or strict liability.

Question 11

A defendant who pleads duress admits commission of the alleged criminal act but denies any criminal intent.

Accepted Answer

When a defendant pleads duress, they are admitting to committing the alleged criminal act, but they argue that they did so under coercion or threat, without any criminal intent.

Question 12

Some states provide for verdicts of guilty but mentally ill, while others have abolished the defense of insanity altogether.

Accepted Answer

This statement is true. Some states do allow for verdicts of guilty but mentally ill, while other states have abolished the insanity defense.

Question 13

While the prosecution always carries the burden of proving the defendant's guilt beyond a reasonable doubt, courts generally require a defendant to prove an affirmative defense by a preponderance of the evidence.

Accepted Answer

This statement is true. The burden of proof for an affirmative defense falls on the defendant, who must prove it by a preponderance of the evidence. This means that the defendant must convince the court that their defense is more likely to be true than not true.

Question 14

Statutes or court rules commonly require that to assert alibi as a defense, a defendant must notify the prosecution in advance of trial and furnish the names of witnesses the defendant intends to use to support the alibi.

Accepted Answer

This requirement is known as an "alibi notice" and is common in many jurisdictions. It allows the prosecution to investigate and prepare for the defense's alibi, and prevents surprise witnesses from springing up during trial. Failure to provide the notice may result in the exclusion of the alibi defense at trial.

Question 15

In American courts, a mistake of fact can be a defense only to negate the defendant's specific intent.

Accepted Answer

A mistake of fact can be a defense in American courts to negate both specific and general intent, depending on the circumstances and the nature of the crime.

Question 16

An affirmative defense is one in which the defendant denies committing the crime or claims that the prosecution lacks sufficient evidence of the defendant's guilt.

Accepted Answer

An affirmative defense is actually one in which the defendant admits to committing the crime, but argues that it was justified or excusable. Example of affirmative defenses include self-defense, insanity, and duress.

Question 17

At common law, a person attacked had no duty to retreat before using deadly force in self-defense.

Accepted Answer

The answer of At common law, a person attacked had...

Question 18

Under the English common law, one who committed murder had to be charged within a year and a day after the victim died.

Accepted Answer

Under English common law, the "year and a day rule" was a principle that required the victim to die within a year and a day of the act for it to be considered murder, not that the charge had to be made within that time.

Question 19

The defense of double jeopardy does not preclude the state from retrying a defendant who has been granted a new trial on a defendant's appeal claiming an error occurred during the trial.

Accepted Answer

The defense of double jeopardy only applies to prevent a person from being tried twice for the same offense after having been acquitted or convicted. However, it does not prevent retrials in cases where an error occurred during the trial that may have affected the fairness of the proceedings.

Question 20

The English common law excused from criminal responsibility persons who became voluntarily intoxicated before committing criminal acts.

Accepted Answer

Under English common law, voluntary intoxication is not generally a defense to criminal responsibility, although it may be considered in determining the specific intent required for certain crimes.

Quiz 14: Criminal Responsibility and Defenses